Cape Town — Economic Freedom Fighter’s (EFF) MP and former Public Protector, Busisiwe Mkhwebane, is heading to court to fight for the R10 million gratuity to be paid to her.
Mkhwebane confirmed that she lodged a formal application against her former employer, which has not yet responded to her letter of demand to make the payment. She was impeached in September 2023, just one month before he seven-year term was set to end. As per conditions passed by the National Assembly (NA) in 2002, all former Public Protectors receive a gratuity when they vacate office, EWN reported.
This raised the question over whether or not she was due a gratuity having been impeached.
The application lodged on 1 March 2024 seeks for urgent relief to:
1. Declare unconstitutionality and invalidity of certain conditions and seek just and equitable remedy for the payment of relevant gratuity.
2. Alternatively, seek an order to declare certain Public Protector… pic.twitter.com/RVreu8LITt— Adv Busisiwe Mkhwebane (@AdvBMkhwebane) March 4, 2024
In her application, she highlighted a number of key issues to address. She asked to declare certain Public Protectors service conditions unconstitutional and invalid, or alternatively, declare them illegal.
She also sought relief by setting aside the impugned decision and seeking just and equitable remedy for the payment of the gratuity.
“In a further alternative, seek a stand-alone order reviewing and setting aside the impugned decision of the respondents to decline the request for payment of the gratuity. Address the mistaken belief of the respondents regarding the legal provisions for the payment of the gratuity, anticipated opposition, and the request for punitive order of costs if there is opposition,” she added.
Mkhwebane further contends the respondents, who include the president and the Speaker of the National Assembly have acted maliciously in respect of the unreasonable amount of time taken for them to respond to her demand to be paid the gratuity.
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Compiled by Matthew Petersen
